Centre for Policy Alternatives on 4 August, 2017

CPA extended their hand to school children in the Matara district affected by the recent floods

Although the mandate of the Centre for Policy Alternatives(CPA) has been research and advocacy, when the need has arisen CPA has contributed towards humanitarian relief. The distribution of essential educational equipment for   children affected by the recent floods is one such example. The initiative was taken by the staff of CPA and its election monitoring arm the Centre For Monitoring Election Violence (CMEV).
The equipment was officially handed over to Mr. Senaka Palliyaguru, the Matara Municipal Council Commissioner who rendered a immense service to the general public during the said disaster situation, by the Executive Director of CPA  and Co-Convenor of CMEV, Dr. P. Saravanamuttu.​
Centre for Policy Alternatives on 24 July, 2017

Press Release: Importance of Adhering to the Constitutional and Legal Framework in the Establishment and Operationalizing of the Office on Missing Persons (OMP)

 

24th July 2017, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) is deeply concerned by the failure of President Maithripala Sirisena to adhere to the provisions of the Constitution in allocating subjects and functions to Ministers, particularly in relation to the Office on Missing Persons (OMP). On 19th July 2017 President Sirisena issued Gazette (extraordinary) 2028/45 assigning the Office on Missing Persons (Establishment, Administration And Discharge Of Functions) Act No 14 of 2016 [Office on Missing Persons Act], to the Minister of National Integration & Reconciliation. By doing so the President has raised a matter of great constitutional significance, which had been looming for almost two years.

CPA draws attention to the constitutional framework provided by the 19th Amendment to the Constitution enacted on 28th April 2015. Prior to the 19th Amendment the President could assign to himself any subject or function not assigned to any other Cabinet Minister. This provision was repealed by the 19th Amendment. However a special exception was made for the person holding office as President on the date of commencement of the 19th Amendment.

After the General Election of August 2015, the President in terms of Article 43 (2) of the Constitution issued two Gazettes appointing Members of Parliament in charge of Ministries. Thereafter in terms of Article 43 (1) of the Constitution, the President issued Gazette (extraordinary) 1933/13 dated 21st September 2015 which, assigned subjects and functions to the previously allocated Ministries.

Furthermore this gazette of (1933/13 dated 21 September 2015);

  • Established a “Ministry of National Integration & Reconciliation” which had not been allocated to any Member of Parliament. The gazette also did not specify any laws that were to be implemented by this Ministry.
  • Allocated to the President all subjects and functions and Departments, Public Corporations & Statutory Institutions that are not specifically assigned to any other Minister.

However the President does not have the power to assign to himself any subjects and functions outside those specified in section 51 of the 19th Amendment. As such the parts of Gazette (extraordinary) 1933/13 dated 21st September 2015, which assigned to the President powers as the Minister of National Integration & Reconciliation are unconstitutional.

This would have been only a matter of academic importance so long as the President did not give to himself any powers qua Minister of National Integration & Reconciliation. However, with Gazette (extraordinary) 2028/45 assigning the OMP to the Minister of National Integration & Reconciliation, serious concerns are raised regarding the constitutionality of such measures. In terms of operationalizing the OMP, the Minister must issue a gazette in terms of Section 1(2) of the Office on Missing Persons Act. When issuing this gazette, the President will be acting qua Minister of National Integration & Reconciliation. CPA is of the belief that the President issuing such a gazette qua Minister of National Integration & Reconciliation would raise questions of constitutional importance and uncertainty regarding the validity of the OMP so constituted.

Swift measures are needed to address what seems on the face of it an oversight but may if not corrected demonstrate a lack of regard to the Constitution of Sri Lanka. CPA urges the President and the government to take immediate steps to adhere to the relevant constitutional provisions and assign the Ministry of National Integration & Reconciliation to a Minister other than the President or assign the Office On Missing Persons Act to a different Ministry. CPA believes that the failure to do so would be a violation of the Constitution and negate the positive steps taken by the government to enact the Office on Missing Persons Act. Soon after this, the Minister in question must issue a gazette as provided in the Office on Missing Persons Act, making the Act operational. Subsequent to this, CPA urges the Constitutional Council to publicly call for nominations to the OMP and to ensure that those recommended to the President have the expertise, skill and diversity needed for the effective functioning of the OMP as well as importantly, the trust of victims, affected communities and civil society. CPA reiterates its earlier calls for timely action and the need to establish the first independent mechanism to address the grievances of thousands of citizens of Sri Lanka.

Download the release in English, Sinhala and Tamil.

Centre for Policy Alternatives on 13 July, 2017

University-level discussions status of the constitution-making exercise

A discussion on the current status of the Constitution-making exercise in Sri Lanka was held on the July 6th at the Wayamba University and on 12th of July at the Sripada National College of Education, Patana. The content of the six subcommittee reports on Constitution making, as well as the importance of a new Constitution for Sri Lanka, and how to accelerate the process were topics that were discussed at the event. Lionel Guruge; Senior Researcher of the Centre for Policy Alternatives, as well as Attorney-at-Law S.G. Punchihewa moderated the discussion.

These discussions were carried out in partnership with Friedrich Naumann Foundation.

The event at Wayamba University was organized by Dr. Kelum Wijenayake.

The event at Sripada National College of Education was organized by the President of the college, Ramany Abeynayaka.

 

Centre for Policy Alternatives on 3 July, 2017

CMEV seminar on the regulation of campaign finances and the declaration of assets & liabilities in elections

Formulating laws and introducing a mechanism for regulating campaign finances is a significant sectors in the current electoral system in Sri Lanka. A series of discussions with the view to accomplishing this endeavour was held recently as an initiative of Centre for Monitoring Election Violence and International Idea in order to create awareness in the stakeholders to the electoral process. Further discussions were held in collaboration with Transparency International as well.

The distinct element of this series was that twelve districts were involved in those deliberations. Subsequently, with the involvement of selected number of participants from the said consultative discussion series along with the institutions and entities who are directly accountable for the process of regulating campaign finances – Election Commission of Sri Lanka, Commission to Investigate Allegations of Bribery or Corruption and Inland Revenue Department – another discussion was held in Colombo at the Janaki Hotel.

A large number of participants took part in the discussion which was held on the 27th of June. All the participants unanimously agreed on the need for taking the necessary steps to formulate a legal framework that enables the regulation of campaign finances, prior to the election that is to be held in the year 2020 or any other national level election that is to be held in the future.

Among the dignitaries who addressed the gathering were Nimal G.Punchihewa, Director (Legal), Election Commission of Sri Lanka; Dr. P. Saravanamuttu, Executive Director, CPA and Co- convener of CMEV; Asoka Obeysekara, Executive Director, Transparency International Sri Lanka and Manjula Gajanayake, National Coordinator, CMEV.

Meanwhile, chamber deliberations were also held in tandem. These were attended by Dr Wickramabahu Karunarathne, Leader , Nawa Sama Samaja party; Sirithunga Jayasuriya, Leader, New Socialist Alliance; Gamini Nawarathne, Former Senior Deputy Inspector General of Police (Admin & Election); Nimal G Punchihewa, Director, (Legal) Election Commission of Sri Lanka; Rohana Hettiarachchi, Executive Director of Paffrel; Sankitha Gunarathne, Manager, (RTI) TISL; Manjula Gajanayake, National Coordinator of CMEV. The discussion was moderated by Sashee De Mel, Senior Programme Manager, Transparency International Sri Lanka.

Centre for Policy Alternatives on 27 June, 2017

Basic Guide to the International Convention for the Protection of All Persons from Enforced Disappearance

The issue of enforced disappearances has impacted Sri Lankan’s across the ethnic divide for decades. The use of enforced disappearances during the “youth insurrections” of the 1970’s and 80’s and during the protracted armed conflict by both state and non-state actors is well documented. Despite several commissions of inquiry appointed by successive governments to investigate these incidents, the fate of thousands remains unknown. Several such commissions of inquiry have recommended legal reforms to address the issue of enforced or involuntary disappearances and to eliminate this phenomenon in the future. An overwhelming majority of these detailed recommendations remained unimplemented for decades. “….In order to address this issue comprehensively and to eliminate this phenomenon in the future as well as to fill an existing lacuna, the Commission strongly recommends that domestic legislation be framed to specifically criminalize enforced or involuntary disappearances.”- Report of the Commission OF Inquiry On Lessons Learnt And Reconciliation, 2011, 5.46

Sri Lanka signed the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) in December 2015 and ratified it in May 2016. In order to give legal validity to the ICPPED in Sri Lanka, the Government of Sri Lanka introduced the International Convention for the Protection of All Persons from Enforced Disappearance Bill (Bill) which was gazetted on the 09th of February 2017 and subsequently tabled in Parliament.

CPA produces this basic guide to raise awareness on the proposed legislation. The next phase of the law-making process entails that the Bill is open to amendment at the committee stage debate. This basic guide is meant to inform those involved in the process and other stakeholders as to what is presently proposed. Subsequent to enactment, CPA will update this guide to ensure that stakeholders are aware of the new legislation.

Download the guide in English, Sinhala and Tamil.

Centre for Policy Alternatives on 21 June, 2017

An enduring fear: Aluthgama in 2017

The homes that were burned and the stores that were damaged have been rebuilt; Aluthgama’s infrastructure hides the violence that it recently bore. Three years ago, around Poson poya day that fell in the middle of the month of Ramazan in 2014, a destructive display of racially-motivated violence occurred that continues to haunt its streets, long after the brick and mortar damage has been rebuilt.

This piece compiles interviews, photos and observations from a visit to Aluthgama in June 2017. Created using Microsoft Sway, it can be accessed here and is embedded below.

Centre for Policy Alternatives on 18 June, 2017

Serious Concerns with Recent Comments Made Against Attorney-at-Law Mr. Lakshan Dias

18 June 2017, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) is deeply concerned about a recent statement made by Mr. Wijedasa Rajapakse, Minister for Justice and Buddha Sasana, stating that he would “take necessary steps to remove Mr. Lakshan Dias from the legal profession” if Mr.Dias did not apologise within 24hours for a recent statement Mr. Dias made on the television programme ‘Aluth Parlimenthuwa’, Derana TV, 14th June 2017, on attacks against Christian places of worship in Sri Lanka.

CPA treats such statements by a Minister as a threat and one made against a lawyer and human rights defender who has over several decades diligently and persistently defended against attacks on fundamental freedoms and human rights. In his professional capacity he has appeared in court to uphold the fundamental rights guaranteed in the Constitution and legal framework of Sri Lanka. The Minister’s statement, intentionally or negligently misstates the issues raised by Mr Dias. We also see such threats by a senior minister as a veiled threat against anyone critical of the government, a blatant and clumsy attempt to curtail fundamental rights guaranteed in the Constitution of Sri Lanka.  Our deep concern and disappointment is compounded by the expectations of governance and democratic freedoms raised by the current government in the promises made in its ascent to office.

We understand that the reference to attacks made by Mr. Dias is based on documentation compiled by the National Christian Evangelical Alliance of Sri Lanka (NCEASL) and his reference was to 195 incidents since 2015. Minister Rajapakse goes on to state that the statement made by Mr. Dias is incorrect, as he had checked with Cardinal Malcolm Ranjith, who in turn has denied knowledge of any attacks against  Catholics. We urge the Minister to be both aware of and sensitive to the pluralism and diversity within our religious communities in his verification of facts. Credible and comprehensive verification of facts is critical and should be adhered to by ministers, religious leaders, officials, civil society representatives and others. Independence and impartiality are of utmost importance in ensuring that responsible statements are made, deep divisions in out post-war society not exacerbated or fundamental rights curtailed.

CPA urges Minister Rajapakse to broaden his sources of information and verification and to desist from threatening human rights defenders – a bad practice of governments from the past. He must ensure that no harm comes to Mr Dias as a consequence of his threat.

We reiterate our calls to President Sirisena and Prime Minister Ranil Wickramasinghe to launch an independent investigation of recent attacks against religious minorities, places of worship and businesses as a matter of national priority and to take all necessary action within the present legal framework to arrest and prosecute perpetrators. The government must take speedy and effective steps to restore the trust and confidence of all communities in its willingness and ability to protect and defend the rights of all its citizens.

Download as a PDF in English here, in Sinhala here and in Tamil here.